The Chief Judge of Rivers State, Justice Simeon C. Amadi, has declined the request of the Rivers State House of Assembly to constitute a seven-member investigative panel to probe allegations of gross misconduct against Governor Siminalayi Fubara and his deputy, Professor Ngozi Nma-Odu, citing subsisting court orders and a pending appeal.
Justice Amadi’s decision was communicated in a formal letter addressed to the Speaker of the House of Assembly, Rt. Hon. Martin Amaewhule, acknowledging receipt of two separate letters dated January 16, 2026.
The requests were made pursuant to Sections 188(4) and 188(5) of the 1999 Constitution (as amended), following resolutions of the Assembly to commence impeachment proceedings against the governor and his deputy.
In his response, the Chief Judge made it clear that legal constraints prevent him from acting on the Assembly’s request at this time.
Invoking the doctrine of lis pendens, he explained that once a matter is before a competent court, all parties are bound to maintain the status quo until the judicial process is concluded.
“By the doctrine of lis pendens, parties and the court must await the outcome of the appeal,” Justice Amadi stated. “In view of the subsisting interim orders of injunction and the pending appeal against those orders, my hands are legally fettered. I am therefore disabled from exercising my constitutional duties under Section 188(5) of the Constitution in this instance.”
Justice Amadi disclosed that although the Assembly’s requests were accompanied by extensive documentation—including notices of allegations of gross misconduct, the Rivers State Impeachment Panel (Conduct of Investigations) Procedure, 2025, and relevant newspaper publications—his office had earlier been served with two interim injunctions issued by the Rivers State High Court sitting in Oyigbo on the same day the requests were submitted.
The injunctions arose from two separate suits: OYHC/6/CS/2026, filed by the Deputy Governor, and OYHC/7/CS/2026, filed by Governor Fubara. Both suits named the Speaker and 32 others as defendants, with the Chief Judge listed as the 32nd defendant.
The interim orders expressly restrain Justice Amadi from “receiving, forwarding, considering, or howsoever acting on any request, resolution, articles of impeachment, or other communication” from the House of Assembly relating to the impeachment process for a period of seven days. Certified true copies of the orders were attached to his correspondence with the legislature.
Beyond the interim injunctions, the Chief Judge noted that the House of Assembly itself has appealed the orders at the Court of Appeal. This, he stressed, further entrenches the application of the lis pendens doctrine, which mandates that no steps be taken that could prejudice the outcome of the appeal.
Reaffirming the supremacy of the rule of law, Justice Amadi emphasised that all individuals and authorities are bound to obey valid court orders until they are set aside by a court of competent jurisdiction.
He reinforced this position by citing judicial precedent, including Hon. Dele Abiodun v. The Hon. Chief Judge of Kwara State & Ors (2007), where a Chief Judge was faulted for proceeding with the constitution of an investigative panel in defiance of a restraining court order.
Consequently, Justice Amadi stated unequivocally that he is presently unable to perform his constitutional duty under Section 188(5) of the Constitution.
The development effectively stalls the impeachment process initiated by the Rivers State House of Assembly, shifting the political confrontation squarely into the judicial arena, pending the determination of the appeal at the Court of Appeal and the substantive suits before the High Court.
